T 0198/16 of 20.03.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T019816.20180320
- Date of decision
- 20 March 2018
- Case number
- T 0198/16
- Petition for review of
- -
- Application number
- 07004013.4
- IPC class
- H04N 7/24H04N 7/173
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Multimedia playback control apparatus and method
- Applicant name
- Samsung Electronics Co., Ltd.
- Opponent name
- -
- Board
- 3.5.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 122(1)European Patent Convention R 136Rules relating to fees Art 5(2)Rules relating to fees Art 7(2)
- Keywords
- Intention to authorise debit of deposit account amounting to a debit order (no)
Re-establishment of rights - all due care (no) - Catchword
- 1. The intention to authorise debiting of the deposit account does NOT already allow the EPO to act on such authorisation and carry out such intent where the EPO, under the deposit account system, already holds such money in trust (deviation in particular from T 1265/10, at point 15), (see point 3.4.3 of the quotation from the summons under point 1 of the Reasons).
2. A representative must give express and clear instructions to an assistant to the effect that the appeal fee has to be paid. It is not enough to rely on the assistant's deducing the duty to file the payment form from the notice of appeal, which includes the sentence: "The appeal fee is paid via the enclosed EPO form 1010."
Order
For these reasons it is decided that:
1. The request to issue a communication under Rule 112(2) EPC stating that the appeal fee has been paid in time is refused.
2. The request for referral to the Enlarged Board of Appeal is refused.
3. The request for re-establishment of rights is refused.
4. The appeal is deemed not to have been filed.
5. The appeal fee is reimbursed.